NRS 49.395 Privileged
matter disclosed under compulsion or without opportunity to claim privilege.

NRS 49.405 Comment
upon or inference from claim of privilege; instruction.

_________

GENERAL PROVISIONS

NRS 49.015Privileges recognized only as provided.

1. Except as otherwise required by the
Constitution of the United States or of the State of Nevada, and except as
otherwise provided in this title or title 14 of NRS, or NRS 41.071, no person has a privilege to:

(a) Refuse to be a witness;

(b) Refuse to disclose any matter;

(c) Refuse to produce any object or writing; or

(d) Prevent another from being a witness or
disclosing any matter or producing any object or writing.

2. This section does not:

(a) Impair any privilege created by title 14 of
NRS or by the Nevada Rules of Civil Procedure which is limited to a particular
stage of the proceeding; or

1. A person making a return or report
required by law to be made has a privilege to refuse to disclose and to prevent
any other person from disclosing the return or report, if the law requiring it
to be made so provides.

2. A public officer or agency to whom a
return or report is required by law to be made has a privilege to refuse to
disclose the return or report if the law requiring it to be made so provides.

3. No privilege exists under this section
in actions involving false statements or fraud in the return or report or when
the report is contained in health care records furnished in accordance with the
provisions of NRS 629.061.

(Added to NRS by 1971, 782; A 1977, 1314)

NRS 49.027Prevention of disclosure of privileged matter by interpreter.A person who has a privilege against the
disclosure of a matter may prevent the disclosure of that matter by an
interpreter to whom the matter was disclosed merely to facilitate a privileged
communication of the matter.

NRS 49.045“Client” defined.“Client”
means a person, including a public officer, corporation, association or other
organization or entity, either public or private, who is rendered professional
legal services by a lawyer, or who consults a lawyer with a view to obtaining
professional legal services from the lawyer.

(Added to NRS by 1971, 782)

NRS 49.055“Confidential” defined.A
communication is “confidential” if it is not intended to be disclosed to third
persons other than those to whom disclosure is in furtherance of the rendition
of professional legal services to the client or those reasonably necessary for
the transmission of the communication.

(Added to NRS by 1971, 782)

NRS 49.065“Lawyer” defined.“Lawyer”
means a person authorized, or reasonably believed by the client to be
authorized, to practice law in any state or nation.

(Added to NRS by 1971, 783)

NRS 49.075“Representative of the client” defined.“Representative
of the client” means a person having authority to obtain professional legal
services, or to act on advice rendered pursuant thereto, on behalf of the
client.

(Added to NRS by 1971, 783)

NRS 49.085“Representative of the lawyer” defined.“Representative
of the lawyer” means a person employed by the lawyer to assist in the rendition
of professional legal services.

(Added to NRS by 1971, 783)

NRS 49.095General rule of privilege.A
client has a privilege to refuse to disclose, and to prevent any other person
from disclosing, confidential communications:

1. Between the client or the client’s
representative and the client’s lawyer or the representative of the client’s
lawyer.

2. Between the client’s lawyer and the
lawyer’s representative.

3. Made for the purpose of facilitating
the rendition of professional legal services to the client, by the client or
the client’s lawyer to a lawyer representing another in a matter of common
interest.

(Added to NRS by 1971, 783)

NRS 49.105Who may claim privilege.

1. The privilege may be claimed by the
client, the client’s guardian or conservator, the personal representative of a
deceased client, or the successor, trustee or similar representative of a
corporation, association or other organization, whether or not in existence.

2. The person who was the lawyer at the
time of the communication may claim the privilege but only on behalf of the
client. The person’s authority to do so is presumed in the absence of evidence
to the contrary.

1. If the services of the lawyer were
sought or obtained to enable or aid anyone to commit or plan to commit what the
client knew or reasonably should have known to be a crime or fraud.

2. As to a communication relevant to an
issue between parties who claim through the same deceased client, regardless of
whether the claims are by testate or intestate succession or by inter vivos
transaction.

3. As to a communication relevant to an
issue of breach of duty by the lawyer to his or her client or by the client to
his or her lawyer.

4. As to a communication relevant to an
issue concerning an attested document to which the lawyer is an attesting
witness.

5. As to a communication relevant to a
matter of common interest between two or more clients if the communication was
made by any of them to a lawyer retained or consulted in common, when offered
in an action between any of the clients.

(f) An institution of the Nevada System of Higher
Education or any of its affiliated organizations that provides a clinical
program or practice related to the medical treatment or care of patients,

Ê which has
the responsibility of evaluating and improving the quality of care rendered by
the parent organization;

2. A peer review committee of a medical or
dental society; or

3. A medical review committee of a county
or district board of health that certifies, licenses or regulates providers of
emergency medical services pursuant to the provisions of chapter 450B of NRS, but only when functioning
as a peer review committee.

1. The privilege may be claimed by any
member of the review committee, any person whose work has been reviewed by the
committee or any person who has offered testimony, an opinion or documentary
evidence before the committee.

2. The privilege is presumed to be claimed
as to a particular matter unless a written waiver is signed by all persons
entitled to claim the privilege as to that matter.

3. The privilege is not waived or lost if
a person discloses information which is otherwise privileged to a governmental
or regulatory agency of this State or the United States.

NRS 49.135“Accountant” defined.“Accountant”
means a person certified or registered as a public accountant under chapter 628 of NRS who holds a live permit.

(Added to NRS by 1971, 783)

NRS 49.145“Client” defined.“Client”
means a person, including a public officer, corporation, association or other
organization or entity, either public or private, who is rendered professional
accounting services by an accountant, or who consults an accountant with a view
to obtaining professional accounting services from the accountant.

(Added to NRS by 1971, 783)

NRS 49.155“Confidential” defined.A
communication is “confidential” if it is not intended to be disclosed to third
persons other than those to whom disclosure is in furtherance of the rendition
of professional accounting services to the client or those reasonably necessary
for the transmission of the communication.

(Added to NRS by 1971, 784)

NRS 49.165“Representative of the accountant” defined.“Representative of the accountant” means a
person employed by the accountant to assist in the rendition of professional
accounting services.

(Added to NRS by 1971, 784)

NRS 49.175“Representative of the client” defined.“Representative
of the client” means a person having authority to obtain professional
accounting services, or to act on advice rendered pursuant thereto, on behalf
of the client.

(Added to NRS by 1971, 784)

NRS 49.185General rule of privilege.A
client has a privilege to refuse to disclose, and to prevent any other person
from disclosing, confidential communications:

1. Between the client or the client’s
representative and the client’s accountant or the representative of the
client’s accountant.

2. Between the client’s accountant and the
accountant’s representative.

3. Made for the purpose of facilitating
the rendition of professional accounting services to the client, by the client
or the client’s accountant to an accountant representing another in a matter of
common interest.

(Added to NRS by 1971, 784)

NRS 49.195Who may claim privilege.

1. The privilege may be claimed by the
client, the client’s guardian or conservator, the personal representative of a
deceased client, or the successor, trustee or similar representative of a
corporation, association or other organization, whether or not in existence.

2. The person who was the accountant may
claim the privilege but only on behalf of the client. The person’s authority to
do so is presumed in the absence of evidence to the contrary.

1. If the services of the accountant were
sought or obtained to enable or aid anyone to commit or plan to commit what the
client knew or reasonably should have known to be a crime or fraud.

2. As to a communication relevant to an
issue between parties who claim through the same deceased client, regardless of
whether the claims are by testate or intestate succession or by inter vivos
transaction.

3. As to a communication relevant to an
issue of breach of duty by the accountant to his or her client or by the client
to his or her accountant.

4. As to a communication relevant to an
issue concerning the examination, audit or report of any financial statements,
books, records or accounts which the accountant may be engaged to make or
requested by a prospective client to discuss for the purpose of making a public
report.

5. As to a communication relevant to a
matter of common interest between two or more clients if the communication was
made by any of them to an accountant retained or consulted in common, when
offered in an action between any of the clients.

6. As to a communication between a
corporation and its accountant:

(a) In an action by a shareholder against the
corporation which is based upon a breach of fiduciary duty; or

(b) In a derivative action by a shareholder on
behalf of the corporation.

NRS 49.209General rule of privilege.A
patient has a privilege to refuse to disclose and to prevent any other person
from disclosing confidential communications between the patient and the
patient’s psychologist or any other person who is participating in the
diagnosis or treatment under the direction of the psychologist, including a
member of the patient’s family.

1. The privilege may be claimed by the
patient, by the patient’s guardian or conservator or by the personal
representative of a deceased patient.

2. The psychologist of a patient may claim
the privilege but only on behalf of the patient. The authority of the
psychologist to claim the privilege is presumed in the absence of evidence to
the contrary.

1. For communications relevant to an issue
in a proceeding to hospitalize the patient for mental illness, if the
psychologist in the course of diagnosis or treatment has determined that the
patient requires hospitalization.

2. For communications relevant to an issue
of the treatment of the patient in any proceeding in which the treatment is an
element of a claim or defense.

3. If disclosure is otherwise required by
state or federal law.

4. For communications relevant to an issue
in a proceeding to determine the validity of a will of the patient.

5. If there is an immediate threat that
the patient will harm himself or herself or other persons.

6. For communications made in the course
of a court-ordered examination of the condition of a patient with respect to
the specific purpose of the examination unless the court orders otherwise.

7. For communications relevant to an issue
in an investigation or hearing conducted by the Board of Psychological
Examiners if the treatment of the patient is an element of that investigation
or hearing.

8. For communications relevant to an issue
in a proceeding relating to the abuse or neglect of a person with a disability
or a person who is legally incompetent.

1. A communication is “confidential” if it
is not intended to be disclosed to third persons other than:

(a) Those present to further the interest of the
patient in the consultation, examination or interview;

(b) Persons reasonably necessary for the
transmission of the communication; or

(c) Persons who are participating in the
diagnosis and treatment under the direction of the doctor, including members of
the patient’s family.

2. “Doctor” means a person licensed to
practice medicine, dentistry or osteopathic medicine in any state or nation, or
a person who is reasonably believed by the patient to be so licensed, and in
addition includes a person employed by a public or private agency as a
psychiatric social worker, or someone under his or her guidance, direction or
control, while engaged in the examination, diagnosis or treatment of a patient
for a mental condition.

3. “Patient” means a person who consults
or is examined or interviewed by a doctor for purposes of diagnosis or
treatment.

NRS 49.225General rule of privilege.A
patient has a privilege to refuse to disclose and to prevent any other person
from disclosing confidential communications among the patient, the patient’s
doctor or persons who are participating in the diagnosis or treatment under the
direction of the doctor, including members of the patient’s family.

(Added to NRS by 1971, 785)

NRS 49.235Who may claim privilege.

1. The privilege may be claimed by the
patient, by the patient’s guardian or conservator, or by the personal
representative of a deceased patient.

2. The person who was the doctor may claim
the privilege but only on behalf of the patient. The person’s authority so to
do is presumed in the absence of evidence to the contrary.

1. For communications relevant to an issue
in proceedings to hospitalize the patient for mental illness, if the doctor in
the course of diagnosis or treatment has determined that the patient is in need
of hospitalization.

2. As to communications made in the course
of a court-ordered examination of the condition of a patient with respect to
the particular purpose of the examination unless the court orders otherwise.

3. As to written medical or hospital
records relevant to an issue of the condition of the patient in any proceeding
in which the condition is an element of a claim or defense.

5. As to any information communicated to a
physician in an effort unlawfully to procure a dangerous drug or controlled
substance, or unlawfully to procure the administration of any such drug or
substance.

6. As to any written medical or hospital
records which are furnished in accordance with the provisions of NRS 629.061.

7. As to records that are required by chapter 453 of NRS to be maintained.

8. If the services of the physician are
sought or obtained to enable or aid a person to commit or plan to commit fraud
or any other unlawful act in violation of any provision of chapter 616A, 616B,
616C, 616D
or 617 of NRS which the person knows or
reasonably should know is fraudulent or otherwise unlawful.

NRS 49.247General rule of privilege.A
client has a privilege to refuse to disclose, and to prevent any other person
from disclosing, confidential communications among the client, the client’s
marriage and family therapist or any other person who is participating in the
diagnosis or treatment under the direction of the marriage and family
therapist.

1. The privilege may be claimed by the
client, by the client’s guardian or conservator, or by the personal
representative of a deceased client.

2. The person who was the marriage and
family therapist may claim the privilege but only on behalf of the client. The
person’s authority to do so is presumed in the absence of evidence to the
contrary.

1. If the client communicates to the
marriage and family therapist that the client intends or plans to commit what
the client knows or reasonably should know is a crime.

2. If the marriage and family therapist is
required to testify in an administrative or court-related investigation or
proceeding involving the welfare of his or her client or the minor children of
his or her client.

3. For communications relevant to an issue
in proceedings to hospitalize the patient for mental illness, if the marriage
and family therapist in the course of diagnosis or treatment has determined
that the client is in need of hospitalization.

4. As to communications relevant to an
issue of the treatment of the client in any proceeding in which the treatment
is an element of a claim or defense.

NRS 49.2504General rule of privilege.A
client has a privilege to refuse to disclose, and to prevent any other person
from disclosing, confidential communications among the client, the client’s
clinical professional counselor or any other person who is participating in the
diagnosis or treatment under the direction of the clinical professional
counselor.

1. The privilege may be claimed by the
client, by the client’s guardian or conservator, or by the personal
representative of a deceased client.

2. The person who was the clinical
professional counselor may claim the privilege but only on behalf of the
client. The authority of the clinical professional counselor to do so is
presumed in the absence of evidence to the contrary.

1. If the client communicates to the
clinical professional counselor that the client intends or plans to commit what
the client knows or reasonably should know is a crime.

2. If the clinical professional counselor
is required to testify in an administrative or court-related investigation or
proceeding involving the welfare of his or her client or the minor children of
his or her client.

3. For communications relevant to an issue
in proceedings to hospitalize the client for mental illness, if the clinical
professional counselor in the course of diagnosis or treatment has determined
that the client is in need of hospitalization.

4. As to communications relevant to an
issue of the treatment of the client in any proceeding in which the treatment
is an element of a claim or defense.

NRS 49.252General rule of privilege.A
client has a privilege to refuse to disclose, and to prevent any other person
from disclosing confidential communications among the client, the client’s
social worker or any other person who is participating in the diagnosis or
treatment under the direction of the social worker.

NRS 49.2545“Victim’s advocate” defined.“Victim’s
advocate” means a person who works for a nonprofit program that provides
assistance to victims with or without compensation and who has received at
least 20 hours of relevant training.

NRS 49.2547General rule of privilege.Except
as otherwise provided in NRS 49.2549, a victim who
seeks advice, counseling or assistance from a victim’s advocate has a privilege
to refuse to disclose, and to prevent any other person from disclosing,
confidential communications set forth in NRS 49.2546.

NRS 49.2549Exceptions.There
is no privilege pursuant to NRS 49.2547 if:

1. The purpose of the victim in seeking
services from a victim’s advocate is to enable or aid any person to commit or
plan to commit what the victim knows or reasonably should have known is a crime
or fraud;

2. The communication concerns a report of
abuse or neglect of a child, older person or vulnerable person in violation of NRS 200.508, 200.5093 or 200.50935, but only as to that portion
of the communication;

3. The communication is relevant to an
issue of breach of duty by the victim’s advocate to the victim or by the victim
to the victim’s advocate; or

NRS 49.255Confessor and confessant.A
member of the clergy or priest shall not, without the consent of the person
making the confession, be examined as a witness as to any confession made to
the member of the clergy or priest in his or her professional character.

(Added to NRS by 1971, 785)

NRS 49.265Committees for review of medical or dental care.

1. Except as otherwise provided in
subsection 2:

(a) The proceedings and records of:

(1) Organized committees of hospitals, and
organized committees of organizations that provide emergency medical services
pursuant to the provisions of chapter 450B
of NRS, having the responsibility of evaluation and improvement of the quality
of care rendered by those hospitals or organizations;

(2) Review committees of medical or dental
societies; and

(3) Medical review committees of a county
or district board of health that certifies, licenses or regulates providers of
emergency medical services pursuant to the provisions of chapter 450B of NRS, but only when such
committees function as peer review committees,

Ê are not
subject to discovery proceedings.

(b) No person who attends a meeting of any such
committee may be required to testify concerning the proceedings at the meeting.

2. The provisions of subsection 1 do not
apply to:

(a) Any statement made by a person in attendance
at such a meeting who is a party to an action or proceeding the subject of
which is reviewed at the meeting.

(b) Any statement made by a person who is
requesting staff privileges at a hospital.

(c) The proceedings of any meeting considering an
action against an insurance carrier alleging bad faith by the carrier in
refusing to accept a settlement offer within the limits of the policy.

(d) Any matter relating to the proceedings or
records of such committees which is contained in health care records furnished
in accordance with NRS 629.061.

NRS 49.275News media.No
reporter, former reporter or editorial employee of any newspaper, periodical or
press association or employee of any radio or television station may be
required to disclose any published or unpublished information obtained or
prepared by such person in such person’s professional capacity in gathering,
receiving or processing information for communication to the public, or the
source of any information procured or obtained by such person, in any legal
proceedings, trial or investigation:

1. Before any court, grand jury, coroner’s
inquest, jury or any officer thereof.

2. Before the Legislature or any committee
thereof.

3. Before any department, agency or
commission of the State.

4. Before any local governing body or
committee thereof, or any officer of a local government.

(Added to NRS by 1971, 786; A 1975, 502)

NRS 49.285Public officer as witness.A
public officer shall not be examined as a witness as to communications made to
the public officer in official confidence, when the public interests would
suffer by the disclosure.

(Added to NRS by 1971, 786)

NRS 49.290Counselor and pupil.

1. As used in this section, “counselor”
means a person who is regularly employed by a public or private school in this
State as a counselor, psychologist or psychological examiner for the purpose of
counseling pupils, and who holds a valid certificate issued by the
Superintendent of Public Instruction authorizing the holder to engage in pupil
counseling.

2. Except for communications relating to
any criminal offense the punishment for which is death or life imprisonment,
communications by a pupil to a counselor in the course of counseling or
psychological examination are privileged communications, and a counselor shall
not, without the consent of the pupil, be examined as a witness concerning any
such communication in any civil or criminal action to which such pupil is a
party.

(Added to NRS by 1973, 1840; A 1979, 1639)

NRS 49.291Teacher and pupil.

1. As used in this section, “teacher”
means a person who is regularly employed by a public or private school in this
State as a teacher or administrator and who holds a valid license issued by the
Superintendent of Public Instruction authorizing the holder to teach or perform
administrative functions in schools.

2. Communications by a pupil to a teacher
concerning the pupil’s possession or use of drugs or alcoholic beverages made
while the teacher was counseling or attempting to counsel the pupil are
privileged communications and the teacher must not, without the consent of the
pupil, be examined as a witness concerning any such communication in any civil
or criminal action to which the pupil is a party.

1. Except as otherwise provided in
subsections 2 and 3 and NRS 49.305:

(a) A husband cannot be examined as a witness for
or against his wife without his consent, nor a wife for or against her husband
without her consent.

(b) Neither a husband nor a wife can be examined,
during the marriage or afterwards, without the consent of the other, as to any
communication made by one to the other during marriage.

2. The provisions of subsection 1 do not
apply to a:

(a) Civil proceeding brought by or on behalf of
one spouse against the other spouse;

(b) Proceeding to commit or otherwise place a
spouse, the property of the spouse or both the spouse and the property of the
spouse under the control of another because of the alleged mental or physical
condition of the spouse;

(c) Proceeding brought by or on behalf of a
spouse to establish his or her competence;

(d) Proceeding in the juvenile court or family
court pursuant to title 5 of NRS or NRS
432B.410 to 432B.590, inclusive;
or

(e) Criminal proceeding in which one spouse is
charged with:

(1) A crime against the person or the
property of the other spouse or of a child of either, or of a child in the
custody or control of either, whether the crime was committed before or during
marriage.

(2) Bigamy or incest.

(3) A crime related to abandonment of a
child or nonsupport of the other spouse or child.

3. The provisions of subsection 1 do not
apply in any criminal proceeding to events which took place before the husband
and wife were married.

NRS 49.305Husband and wife: Exception for insanity.When a husband or wife is insane, and has been
so declared by a court of competent jurisdiction, the other shall be a
competent witness to testify as to any fact which transpired before or during
such insanity, but the privilege of so testifying shall cease when the party
declared insane has been found by a court of competent jurisdiction to be of
sound mind, and the husband and wife shall then have the testimonial
limitations and privileges provided in NRS 49.295.

(Added to NRS by 1971, 786)

NRS 49.315Political vote.Every
person has a privilege to refuse to disclose the tenor of his or her vote at a
political election conducted by secret ballot unless the vote was cast
illegally.

(Added to NRS by 1971, 787)

NRS 49.325Trade secrets.

1. A person has a privilege, which may be
claimed by the person or the person’s agent or employee, to refuse to disclose
and to prevent other persons from disclosing a trade secret owned by him or
her, if the allowance of the privilege will not tend to conceal fraud or
otherwise work injustice.

2. When disclosure is directed, the judge
shall take such protective measure as the interests of the holder of the
privilege and of the parties and the furtherance of justice may require.

(Added to NRS by 1971, 787)

IDENTITY OF INFORMER

NRS 49.335Privilege to refuse disclosure of identity of informer.The State or a political subdivision thereof
has a privilege to refuse to disclose the identity of a person who has
furnished to a law enforcement officer information purporting to reveal the
commission of a crime.

(Added to NRS by 1971, 787)

NRS 49.345Who may claim.The
privilege may be claimed by an appropriate representative of the State,
regardless of whether the information was furnished to an officer of the State
or a subdivision thereof. The privilege may be claimed by an appropriate
representative of a political subdivision if the information was furnished to
an officer thereof.

(Added to NRS by 1971, 787)

NRS 49.355Voluntary disclosure; informer a witness.No privilege exists under NRS 49.335 or 49.345 if
the identity of the informer or the informer’s interest in the subject matter
of his or her communication has been disclosed by a holder of the privilege or
by the informer’s own action, or if the informer appears as a witness.

(Added to NRS by 1971, 787)

NRS 49.365Testimony on guilt or innocence.If
the state or a political subdivision elects not to disclose the identity of an
informer and the circumstances indicate a reasonable probability that the
informer can give testimony necessary to a fair determination of the issue of
guilt or innocence, the judge shall on motion of the accused dismiss the
proceedings, and the judge may do so on his or her own motion.

(Added to NRS by 1971, 787)

NRS 49.375Legality of obtaining evidence.

1. If information from an informer is
relied upon to establish the legality of the means by which evidence was
obtained and the judge is not satisfied that the information was received from
an informer reasonably believed to be reliable, the judge may require the
identity of the informer to be disclosed.

2. The judge may permit the disclosure to
be made in camera or make any other order which justice requires. All counsel
shall be permitted to be present at every stage at which any counsel is
permitted to be present.

3. If disclosure of the identity of the
informer is made in chambers, the record thereof shall be sealed and preserved
to be made available to the appellate court in the event of an appeal.

(Added to NRS by 1971, 787)

WAIVER AND COMMENT

NRS 49.385Waiver of privilege by voluntary disclosure.

1. A person upon whom these rules confer a
privilege against disclosure of a confidential matter waives the privilege if
the person or the person’s predecessor while holder of the privilege voluntarily
discloses or consents to disclosure of any significant part of the matter.

2. This section does not apply if the
disclosure is:

(a) Itself a privileged communication; or

(b) Made to an interpreter employed merely to
facilitate communications.

NRS 49.395Privileged matter disclosed under compulsion or without
opportunity to claim privilege.Evidence
of a statement or other disclosure of privileged matter is inadmissible against
the holder of the privilege if the disclosure was:

1. Compelled erroneously; or

2. Made without opportunity to claim the
privilege.

(Added to NRS by 1971, 787)

NRS 49.405Comment upon or inference from claim of privilege; instruction.

1. The claim of a privilege, whether in
the present proceeding or upon a prior occasion, is not a proper subject of
comment by judge or counsel. No inference may be drawn therefrom.

2. In jury cases, proceedings shall be
conducted, to the extent practicable, so as to facilitate the making of claims
of privilege outside the presence of the jury.

3. Upon request, any party against whom
the jury might draw an adverse inference from a claim of privilege is entitled
to an instruction that no inference may be drawn therefrom.